blue mountains city council minutes of ...2011/06/07 · confirmed minutes ordinary meeting 7 june...

BLUE MOUNTAINS CITY COUNCIL

MINUTES OF ORDINARY MEETING OF COUNCIL

7 June 2011

INDEX

Minute File No. SUBJECT Page

201 PROCEDURAL - PROCEDURAL MOTION ........................................ 3 202 CONFIRMATION OF MINUTES.......................................................... 4 DECLARATIONS OF INTEREST – ORDINARY MEETING ............... 4 203 11/77496 THE HONOURABLE ADAM SEARLE MLC ........................................ 5 204 11/65958 WESTERN SYDNEY RAIL DEVELOPMENTS - LETTER OF

SUPPORT ........................................................................................... 5 205 11/77011 21ST NATIONAL TOWN CRIERS CHAMPIONSHIPS ....................... 6 206 11/77240 RESIGNATION OF MR COSTA ZAKIS - BLUE MOUNTAINS SES

UNIT .................................................................................................... 6 207 11/82955 REMEDIATION OF FORMER KATOOMBA GASWORKS SITE ........ 7 208 11/73293 REALIGNMENT OF ORGANISATIONAL STRUCTURE

FINALISATION .................................................................................... 8 209 11/73293 CONFIDENTIAL BUSINESS PAPER – LEGAL MATTERS ARISING

FROM LAND & ENVIRONMENTAL COURT CASES ......................... 9 210 PROCEDURAL - PROCEDURAL MOTION ........................................ 9 211 11/77077 COMMUNITY ASSISTANCE/DONATIONS - RECOMMENDATIONS

BY COUNCILLORS ........................................................................... 10 212 11/68711 SCHEDULE OF INVESTED MONIES FOR APRIL 2011 .................. 11 213 11/54709 UPDATE ON THE RURAL FIRE SERVICE PROPOSAL FOR THE

VALLEY HEIGHTS RFS STATION ................................................... 11 214 11/70935 LAWSON LANDFILL RESTORATION .............................................. 12 215 11/47709 COST AND PROCESS FOR PREPARING A PLAN OF

MANAGEMENT FOR KINGSFORD SMITH PARK, KATOOMBA .... 12 216 11/55217 BRAEMAR HOUSE AND GALLERY 377 COMMITTEE -

RESIGNATIONS AND APPOINTMENTS ......................................... 13 217 11/65498 BICENTENARY CROSSINGS COMMITTEE MEMBERSHIP ........... 13 218 PROCEDURAL - PROCEDURAL MOTION ...................................... 15 219 11/64149 CULTURAL PARTNERSHIPS PROGRAM 2011 - ADVISORY

COMMITTEE RECOMMENDATIONS ............................................... 16 220 11/42604 KATOOMBA SKATE PARK .............................................................. 16 221 11/44963 REHABILITATION OF ELSIE LANGFORD NEIGHBOURHOOD

CENTRE, MEDLOW BATH ............................................................... 17 222 11/67144 COUNCIL OPERATED PARENT ROOMS ....................................... 17 223 11/63170 TENDER FOR THE REMOVAL OF HAZARDOUS ROADSIDE

TREES AT GREAT WESTERN HIGHWAY, MEDLOW BATH .......... 18 224 11/45520 DEVELOPMENT APPLICATION NO. X/1116/2010 FOR

MOBILE PHONE TOWER AT LOT 136 DP 751627, 32 WOODLANDS ROAD, KATOOMBA ................................................. 19

225 11/74028 DEVELOPMENT APPLICATION NO. X/900/2010 FOR DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF A CHILD CARE CENTRE, NEW MASONIC HALL AND BASEMENT PARKING ON LOT 6 DP 135853, MASONIC TEMPLE, 294-296 MACQUARIE ROAD, SPRINGWOOD NSW 2777 .......................... 20

226 11/66892 LOCAL TRAFFIC COMMITTEE - MINUTES OF 12 APRIL 2011 MEETING .......................................................................................... 21

227 11/67762 REPORT ON SUBMISSIONS RECEIVED CONCERNING TOURISM FUNDRAISING OPTIONS ............................................... 22

228 11/75427 ACCESS ROAD TO LEURA OVAL ................................................... 23

INDEX Contd

Minute File No. SUBJECT Page

of 29

229 11/75572 BLUE MOUNTAIN WORLD HERITAGE ADVISORY COUNCIL (WHAC) ............................................................................................. 23

230 11/77690 HAZELBROOK CROQUET CLUB .................................................... 24 231 11/75326 PRECIS OF SELECTED CORRESPONDENCE .............................. 24 232 11/75447 BUILDINGS ADJACENT TO THE NEW DAN MURPHY'S SITE IN

KATOOMBA ...................................................................................... 25 233 PROCEDURAL - PROCEDURAL MOTION ...................................... 25 234 PROCEDURAL - MATTER OF URGENCY ....................................... 26 235 PROCEDURAL - MOVE INTO CONFIDENTIAL SESSION .............. 26 236 11/73293 REALIGNMENT OF ORGANISATIONAL STRUCTURE

FINALISATION .................................................................................. 27 237 PROCEDURAL - PROCEDURAL MOTION ...................................... 27 238 11/75927 LEGAL MATTERS ARISING FROM LAND & ENVIRONMENT

COURT CASES ................................................................................ 28 239 PROCEDURAL – RETURN TO PUBLIC MEETING ......................... 29 240 PROCEDURAL – QUESTION THAT MEETING CLOSE .................. 29

Confirmed Minutes Ordinary Meeting 7 June 2011

of 29

Minutes of the Ordinary Meeting of Council of the City of Blue Mountains, held in the Chambers on Tuesday, 7 June 2011, commencing at 7.31pm.

* * * * * * * * * * There were present: The Mayor (Councillor Myles) in the Chair, and Councillors Clark, Creed, Gibbs, Greenhill, Luchetti, Mays, McCallum, McLaren, Myles, Searle and Van der Kley.

* * * * * * * * * *

In attendance: General Manager, Group Manager BM City Services, Group Manager Community & Corporate, Group Manager Environmental & Customer Services, Executive Officer, Chief Financial Officer, Manager Information & Customer Service, Bushland Operational Manager, Manager, Assets and Contracts, A/Manager Land Use Management, Program Leader Community Outcomes, Program Leader Transportation and Recreation, Communications Officer, Project Support Officer – Governance Publications, Ranger, Ranger

* * * * * * * * * * Prayer / Reflection: The Prayer / Reflection was read by the Mayor, as was the acknowledgement of the traditional owners, the Darug and Gundungurra people.

* * * * * * * * * *

MINUTE NO. 201

Procedural – Leave of Absence

A MOTION was MOVED by Councillors Greenhill and Creed: That the Council approve the written request for a Leave of Absence for Councillor Hamilton for the Ordinary Meeting of 7 June 2011. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Creed Councillors Greenhill McCallum Van der Kley Mays Myles Searle Gibbs Clark Luchetti McLaren

* * * * * * * * * *


of 29

MINUTE NO. 202

Confirmation of Minutes - Ordinary Meeting - 10 May 2011

A MOTION was MOVED by Councillors Mays and Van der Kley:

That the Minutes of the Ordinary Meeting of 10 May 2011 be confirmed. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * * Declarations of Interest – Ordinary Meeting, 7 June 2011 Councillor Searle declared a non-significant, non-pecuniary interest with respect to Mayoral Minute:

“I am declaring that this Mayoral Minute concerns me but I will be remaining in the Chamber for the debate and will leave the chambers for the vote.”

Councillor Van der Kley declared a non-significant, non-pecuniary interest with respect to Item 19:

“I am declaring that I have known Mr Colless for over 35 years but he has not approached me on this matter therefore I will be remaining in the Chamber for the debate and the vote.”

Councillor Mays declared a significant, non-pecuniary interest with respect to Item 19:

“I am declaring that the Mr Colless donated to my campaign and I will be leaving the Chamber for the debate and vote.”

Councillor Greenhill declared a significant, pecuniary interest with respect to a Matter of Urgency:

“I am declaring that this legislation directly impacts my professional employment portfolio and therefore I will be leaving the Chamber for the debate and vote.”

* * * * * * * * * *


of 29

MINUTE NO. 203

M1. 11/77496. The Honourable Adam Searle MLC

A MOTION was MOVED by Councillors Myles and Greenhill:

That the Council congratulate Councillor Adam Searle on his translation to the State Upper House. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Creed Councillors Greenhill McCallum Van der Kley Mays Myles Gibbs Clark Luchetti McLaren

with Councillor Searle out of the Chamber.

* * * * * * * * * *

MINUTE NO. 204

M2. 11/65958. Western Sydney Rail Developments - Letter of Support

A MOTION was MOVED by Councillors Myles and McLaren:

That the Council writes to the NSW Premier, The Hon. Barry O’Farrell and to the Federal Minister for Infrastructure, Transport, Regional Development & Local Government, The Hon. Anthony Albanese MP, in support of the Parramatta City Council’s proposal regarding the Parramatta – Epping Rail Line and the North West Rail Line. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


of 29

MINUTE NO. 205

M3. 11/77011. 21st National Town Criers Championships

A MOTION was MOVED by Councillors Myles and Van der Kley:

1. That the Council approve our Town Crier, Mr. Denis John Hitchen, to attend and represent the City of Blue Mountains at the 21 Australian Championships of Town Criers to be held in Maryborough, Queensland, in July 2011; and

2. That the Council pay for Mr. Hitchen’s travel, accommodation and incidental

expenses to enable him to represent our City at these Championships. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 206

M4. 11/77240. Resignation of Mr Costa Zakis - Blue Mountains SES Unit

A MOTION was MOVED by Councillors Myles and Van der Kley:

That the Council note the resignation of Mr Costa Zakis, Local Controller of the Blue Mountains SES Unit and formally acknowledge and thank Mr Zakis’ contribution and commitment to the Blue Mountains wider community. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against



of 29

MINUTE NO. 207

M5. 11/82955. Remediation of former Katoomba Gasworks Site

A MOTION was MOVED by Councillors Myles and Mays:

1. That the Council notes that Thiess Services Pty Ltd were previously engaged after a Council sponsored tender process to undertake design and remediation works for the contaminated former Katoomba Gasworks site, and that the project was left incomplete due to more extensive work than first anticipated leading to a shortage of funds;

2. That the Council notes that additional grant funds have now been made available by the NSW Office of Environment and Heritage (Environment and Heritage) for the completion of the outstanding work;

3. That in accordance with s55(3), ninth bullet point, of the Local Government Act 1993 the Council considers that because of the extenuating circumstances specified below a satisfactory result would not be achieved by inviting tenders to complete the outstanding remediation work (being the installation of the shallow groundwater collection system) at the Katoomba Gasworks site; (a) The Council has secured funding through Environment and Heritage, which

will cover the cost of the contract works. The Council will not be utilising its own resources to make the necessary contract payments;

(b) The grant funding secured through Environment and Heritage must be

expended in the very near future. Environment and Heritage has informed the Council that, if possible, the project should be completed before 30 June 2011;

(c) Thiess Services Pty Limited is familiar with the site and has prepared designs

for the work that the Council now wishes to undertake. Any other contractor would be required to start from scratch, and to prepare its own designs, which would then be considered by the Council;

(d) It is realistic to expect that a tender process would take at least six months, even if invitations to tender could be issued immediately;

(e) The works are urgent. The Council is concerned that clean groundwater is entering the Gasworks site and may become contaminated as it passes through the site. Any flow of contaminated groundwater from the site (whatever its ultimate destination) is a most undesirable outcome;

(f) Thiess Services Pty Limited has a high level of expertise in relation to the Gasworks site, having carried out all remediation works, apart from the installation of the shallow groundwater collection system, in accordance with the contract concluded between Thiess and AGL in 2006; and

4. That in the extenuating circumstances specified in resolution 3, the Council

resolves to enter into a contract with Thiess Services Pty Limited to construct the shallow groundwater collection works at the Katoomba Gasworks Site, in accordance with the quotation and works scope submitted by Thiess.

Upon being PUT to the Meeting, the MOTION was CARRIED, the Vote Being;


of 29

For Against Councillors Creed Councillors Gibbs

Greenhill McCallum Van der Kley Mays Myles Searle Clark Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 208

5. 11/73293. Confidential Business Paper - Realignment of Organisational Structure Finalisation

The meeting was addressed by: Ivan Jeray.

A MOTION was MOVED by Councillors Van der Kley and Luchetti:

1. That Item 5 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That the Council close part of the Council Meeting for consideration of Item 5 in

the Confidential Business Paper ‘Realignment of Organisational Structure Finalisation‘ pursuant to the provisions of Section 10A(2) (a) of the Local Government Act 1993, as the report contains, and discussion is likely to involve:

(a) personal matters concerning particular individuals (other than Councillors). Upon being PUT to the Meeting, the MOTION was CARRIED, the Vote being.

For Against

Councillors Creed Councillors Gibbs Greenhill McCallum Van der Kley Mays Myles Searle Clark Luchetti McLaren

* * * * * * * * * *


of 29

MINUTE NO. 209

6. 11/75927. Confidential Business Paper - Legal Matters arising from Land & Environment Court Cases

The meeting was addressed by: Ivan Jeray.

A MOTION was MOVED by Councillors Van der Kley and Greenhill:

1. That Item 6 in the Confidential Business Paper be deferred for consideration until all other business of this meeting has been concluded.

2. That the Council close part of the Council Meeting for consideration of Item 6 in

the Confidential Business Paper ‘Legal Matters arising from Land & Environment Court Cases‘ pursuant to the provisions of Section 10A(2) (a), (c) and (g) of the Local Government Act 1993, as the report contains, and discussion is likely to involve: (a) personal matters concerning particular individuals (other than

councillors); (c) information that would, if disclosed, confer a commercial advantage on a

person with whom the Council is conducting (or proposes to conduct) business; and

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Upon being PUT to the Meeting, the MOTION was CARRIED, the Vote being;

For Against

Councillors Greenhill Councillors McCallum Van der Kley Gibbs Mays Myles Searle Clark Luchetti McLaren

with Councillor Creed out of the Chamber.

* * * * * * * * * *

MINUTE NO. 210

Procedural - Procedural Motion

A MOTION was MOVED by Councillors Greenhill and Van der Kley: That the Council suspend the speaker to Item 6 based on inappropriate debate. Upon being PUT to the Meeting, the MOTION was CARRIED, the Vote being:


of 29

For Against Councillors Creed Councillors McCallum

Greenhill Gibbs Van der Kley Mays Myles Searle Clark Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 211

7. 11/77077. Community Assistance/Donations - Recommendations by Councillors

A MOTION was MOVED by Councillors Greenhill and Creed:

That the Council approve the following donations from the Councillor’s Minor Local Projects vote:

Organisation Amount Bent Art $100.00 Blue Mountains BMX Club $400.00 Hazelbrook Association $850.00 Katoomba/Leura Senior Citizens Association $200.00 Mountains Outreach Community Centre $450.00 Springwood Swimming Club $400.00

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


of 29

MINUTE NO. 212

8. 11/68711. Schedule of Invested Monies for April 2011


1. That the Council receive the Schedule of Invested Monies for April 2011; and 2. That the certificate by the Responsible Accounting Officer be noted. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 213

9. 11/54709. Update on the Rural Fire Service Proposal for the Valley Heights RFS Station


1. That the Council receives and notes this report; and 2. That the Council write to the RTA seeking an upgrade to the existing Great

Western Highway/Peninsula Rd intersection to improve vehicle safety. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against



of 29

MINUTE NO. 214

10. 11/70935. Lawson Landfill Restoration

The meeting was addressed by: Dominic Callaghan.

A MOTION was MOVED by Councillors Mays and Clark: That Council receives an urgent report in relation to the costs of employing an independent expert to report on the damage to the creek on the property belonging to Mr Dominic Callaghan, the likely cause(s) and test for the origin of the damage (silt and sedimentation) and makes suggestions for remediation at the next Ordinary Meeting of the Council. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 215

11. 11/47709. Cost and Process for Preparing a Plan of Management for Kingsford Smith Park, Katoomba

A MOTION was MOVED by Councillors Gibbs and Mays:

1. That the Council receives and notes this report; and 2. That consideration is given to including the Plan of Management for Kingsford

Smith Park in the 2012/13 financial year.


For Against

Councillors Creed Councillors Greenhill McCallum Van der Kley Mays Myles Searle Gibbs


of 29

Clark Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 216

12. 11/55217. Braemar House and Gallery 377 Committee - Resignations and Appointments


1. That the Council formally accepts the resignations of Ms. Anne Hider, Ms. Coralie Faye and Ms. Mel Jones from the Braemar House and Gallery 377 Committee;

2. That the Council formally appoints Ms. Victoria Rauscher as a committee member to the Braemar House and Gallery 377 Committee;

3. That the Council formally appoints Ms. Saskia Everingham as Exhibitions Co-ordinator to the Braemar House and Gallery 377 Committee; and

4. That letters of appreciation are sent to Ms. Anne Hider and Ms. Coralie Faye in recognition of their voluntary service to the Braemar House and Gallery 377 Committee.


For Against


* * * * * * * * * *

MINUTE NO. 217

13. 11/65498. Bicentenary Crossings Committee Membership

A MOTION was MOVED by Councillors Greenhill and Searle:

Upon being PUT to the Meeting, the first part of the MOTION was CARRIED, in seriatim, the vote being UNANIMOUS:


of 29

1. That Council endorse the appointment of Uncle Graeme Cooper as the

Gundungurra Community representative detailed in this report;

For Against Councillors Creed Councillors

Greenhill McCallum Van der Kley Mays Myles Searle Gibbs Clark Luchetti McLaren

A MOTION was MOVED by Councillors Greenhill and Van der Kley: Upon being PUT to the Meeting, the second part of the MOTION was CARRIED, in seriatim, the vote being UNANIMOUS: 2. That the Council approves Aunty Carol Cooper as a proposed coopted community

member as Full Member of the Bicentenary Crossings Committee as recommended by the Committee and detailed in this report;

For Against


A MOTION was MOVED by Councillors Greenhill and Searle: Upon being PUT to the Meeting, the third part of the MOTION was CARRIED, in seriatim, the vote being UNANIMOUS: 3. That the Council defers the approval of Randall Walker as a coopted community

member to a proposed Full Member of the Bicentenary Crossings Committee as recommended by the Committee and detailed in this report; and

For Against

Councillors Creed Councillors Greenhill McCallum Van der Kley


of 29

Mays Myles Searle Gibbs Clark Luchetti McLaren

A MOTION was MOVED by Councillors Van der Kley and Creed: Upon being PUT to the Meeting, the fourth part of the MOTION was CARRIED, in seriatim, the vote being UNANIMOUS: 4. That the Council elect Councillor Hamilton to fill the current vacancy on the

committee.



* * * * * * * * * *

MINUTE NO. 218


A MOTION was MOVED by Councillors Greenhill and Creed: That the meeting be extended past 11pm until the completion of business. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


of 29

MINUTE NO. 219

14. 11/64149. Cultural Partnerships Program 2011 - Advisory Committee Recommendations


1. That the Council receives and notes this report, and 2. That the Council endorse the 2011 funding recommendations of the Blue

Mountains City Council’s Cultural Partnerships Advisory Committee as detailed in the report.


For Against


* * * * * * * * * *

MINUTE NO. 220

15. 11/42604. Katoomba Skate Park


1. That the Council notes this report; 2. That the Council retains Goldsmith Place skate facility as the skate park in

Katoomba for senior skateboarder use, subject to minor modifications; 3. That the Council adopts Melrose Park, in principle, as the location for a skate park

facility for junior skateboarder use; and 4. That the Council receives a further report on the outcomes of the consultation and

design process by February 2012. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against

Councillors Creed Councillors Greenhill McCallum Van der Kley


of 29

Mays Myles Searle Gibbs Clark Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 221

16. 11/44963. Rehabilitation of Elsie Langford Neighbourhood Centre, Medlow Bath


That the matter is deferred to allow further consultation with the Medlow Bath Residents Association and reporting of recommendation 2 of the resolution of 22 February 2011. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 222

17. 11/67144. Council Operated Parent Rooms


1. That the Council receive this report and note the findings that there are no Parent Rooms currently within Council buildings and there are no current plans to retrofit them into existing buildings; and

2. That the requirement and need for the provision of this type of facility in future new building projects or major building renewals should be assessed on a case by case basis.

3. That the Council actively encourages the provision of Parents Rooms into any


of 29

major public or private development at the pre-lodgement meeting stage in the D.A. process.


For Against


* * * * * * * * * *

MINUTE NO. 223

18. Tender for the Removal of Hazardous Roadside Trees at Great Western Highway, Medlow Bath

A MOTION was MOVED by Councillors Mays and Gibbs:

1. That the Council, in accordance with Section 178, Clause 3 (1) (b), Local Government (General) Regulations 2005, accept the tender submitted by Plateau Tree Service Pty Ltd for tree removal services for the price of $189,943 (one hundred and eighty-nine thousand, nine hundred and forty-three dollars) exclusive of GST; and

2. That the Council notes that as the work cannot be undertaken by the contractor

until August 2011 the project budget will be recommended for carry-forward into the 2011-2012 budgets.


For Against


* * * * * * * * * *


of 29

MINUTE NO. 224

19. 11/45520. Development Application No. X/1116/2010 for Mobile Phone Tower at Lot 136 DP 751627, 32 Woodlands Road, Katoomba

The meeting was addressed by: Maria Lang, Robert Massara, Annette Marshall, Brendan Woods, Emma Schofield, Cheryl Bonnici.

A MOTION was MOVED by Councillors Greenhill and Creed: That the Council refuses the development application No X/1116/2010 for mobile phone tower at Lot 136 DP 751627, 32 Woodlands Road, Katoomba be determined pursuant to S.80 of the Environmental Planning and Assessment Act 1979, for the following reasons:

a. The potential adverse impact on the health of nearby residents, children and adults at North Katoomba Public School, patients and staff at Blue Mountains Anzac Hospital and regular users of Bureau Park;

b. This proposal is too close to North Katoomba Public School, which is only

350m away, when the NSW Department of Education and Training Policy is a recommendation of at least 500m distance between education institutions and mobile towers; and

c. The proposal also represents a breach of Code for these kinds of facilities as

the applicant has failed to properly consider major aspects of the Communications Alliance Code for Deployment of Mobile Phone Infrastructure, which states they must avoid “community sensitive” locations and minimise public exposure to electromagnetic energy;

d. Lack of compliance with LEP 2005 building height requirements, being 30

metres above the maximum permitted under the zoning for this site;

e. Impact of proposed height of the tower on visual amenity for local residents;

f. Lack of compliance with industry code “Deployment of Mobile Phone Network Infrastructure”, part 5 (c) the likelihood of an area being a community sensitive location. (Examples of sites which sometimes have been considered to be sensitive include residential areas, childcare centres, schools, aged care centres, hospitals and regional icons); and (d) the objective of avoiding community sensitive locations;

g. Social impact of proximity of the tower to local schools, residents, aged care

and health facilities (EP&AA section 79C b), including community anxiety;

h. Economic impact of proximity of the tower upon local residents (EP&AA section 79C b);

i. Lack of compliance with NSW Department of Education policy for towers to be

located at least 500m from schools;

j. Lack of due consideration of alternative possible sites for the tower;

k. Public interest (EP&AA Section 79C e) in taking a precautionary approach to locating mobile phone towers close to residential areas, schools and health facilities; and


of 29

l. Assessment of the impact on nearby heritage items, such as the Katoomba Showgrounds and Cemetery, is inadequate.

Upon being PUT to the Meeting, the MOTION was CARRIED, on the CASTING VOTE of the MAYOR, the vote being:

For Against

Councillors Creed Councillors Van der Kley Greenhill Myles McCallum Clark Myles Luchetti Searle McLaren Gibbs

with Councillor Mays out of the Chamber.

* * * * * * * * * *

MINUTE NO. 225

20. 11/74028. Development Application No. X/900/2010 for Demolition of Existing Building and Construction of a Child Care Centre, New Masonic Hall and Basement Parking on Lot 6 DP 135853, Masonic Temple, 294-296 Macquarie Road, Springwood NSW 2777

The meeting was addressed by: Robin Ingram, Ross Ingram, Michael Clifford, Raymond Alford, Warwick Stimson.

A MOTION was MOVED by Councillors McLaren and Luchetti:

1. That the Development Application No. X/900/2010 for demolition of existing building and construction of a child care centre, new Masonic hall and basement parking on Lot 6 DP 135853, Masonic Temple, 294-296 Macquarie Road, Springwood NSW 2777 be determined pursuant to S.80(3) of the Environmental Planning and Assessment Act 1979 by the granting of a deferred commencement consent subject to the matters for resolution and the operational conditions shown in Attachment 1 to this report; and

2. That the child care centre component of the development be exempted from the

payment of section 94A contributions, as provided in clause 1.16 (h) of the Blue Mountains Citywide Infrastructure Contributions Plan 2010.


For Against

Councillors Creed Councillors Greenhill McCallum Van der Kley Mays Myles Searle


of 29

Gibbs Clark Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 226

21. 11/66892. Local Traffic Committee - Minutes of 12 April 2011 Meeting

A MOTION was MOVED by Councillors Creed and McLaren:

1. That the Council receives the Minutes for the Local Traffic Committee;

2. That the Council approves LTC recommendations: (a) 2011.12 Excludes a) 2011.12 pending discussions with the Leura Village Association; (b) 2011.15 St Georges Crescent, Faulconbridge – Proposed relocation of Australia Post Street Posting Box and proposed adjustments to on street parking; (c) 2011.21 Queens Road, Leura – Proposed No Stopping zone;

3. That the Council notes LTC recommendations: (a) 2011.13 Railway Parade, Hazelbrook – Proposed improvements to pedestrian safety; (b) 2011.14 The Appian Way, Woodford – Bridge over railway line – Proposed adjustments to signage and provision of a stop restriction; (c) 2011.16 Service Road, Blaxland – Adjacent traffic signals at the intersection of the Great Western Highway and Coughlan Road, Blaxland. Review of option to provide a marked pedestrian crossing at the local of the speed cushions; (d) 2011.17 Old Bathurst Road, East Blaxland to Emu Plains – Proposed provision of transverse line marking; (e) 2011.18 Hawkesbury Road, Springwood to Winmalee – Truck movements; (f) 2011.19 Queens Road, Lawson – Traffic and pedestrian matters; (g) 2011.20 Glenbrook Town Centre – Parking exemptions for local employees; (h) 2011.22 Parke Street, Katoomba – Temporary marked pedestrian crossing;

4. It is recommended that the previous request for a report that outlines any

increases to truck movements on Hawkesbury Road between Hawkesbury Heights and Springwood; and consideration of a 3-tonne limit for trucks on Hawkesbury Road now be referred directly to the RTA for response and that the matter be reported back to the Council Meeting of 9 August 2011;

5. That the Local Traffic Committee is notified of the decisions of the Council; and 6. That the Council urgently write to the RTA requesting information on the increase

of truck movements on Hawkesbury Road between Richmond and Springwood and urgent consideration of a 3 tonne limit for trucks on the bends between Hawkesbury Heights and Yarramundi.


of 29

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS: For Against


* * * * * * * * * *

MINUTE NO. 227

22. 11/67762. Report on submissions received concerning tourism fundraising options


1. That the Council notes the report and thanks the industry representatives who lodged submissions; and

2. That some of the suggestions be considered in more detail in the review of the future model for Councils support to tourism going forward; and

3. That Council also expressed concern that tourism industry representatives did not put forward any proposal that would address significant infrastructure funding challenges, apart from rate rises for the business community.


For Against


* * * * * * * * * *


of 29

MINUTE NO. 228

23. 11/75427. Access Road to Leura Oval


That the Council receive a report outlining the cost and feasibility of sealing the access road to Leura Oval.


For Against


* * * * * * * * * *

MINUTE NO. 229

24. 11/75572. Blue Mountain World Heritage Advisory Council (WHAC)

A MOTION was MOVED by Councillors McCallum and Luchetti:

That the Council receive a report to consider the formal dissolution of its committee known as the Blue Mountains World Heritage Advisory Council (WHAC), and thank all volunteers for their contribution during the life of the committee. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


of 29

MINUTE NO. 230

25. 11/77690. Hazelbrook Croquet Club


That the Council receive a brief report on the level of support from the Hazelbrook Croquet Club for the Lennox Park site as a future Croquet Club at the 19 July 2011 Council Meeting. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 231

26. 11/75326. Precis Of Selected Correspondence


That the Précis of Selected Correspondence be received and appropriate letters forwarded where necessary. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *


of 29

MINUTE NO. 232

27. 11/75447. Buildings Adjacent to the New Dan Murphy's Site in Katoomba


Should Council be in receipt of a dilapidation report(s) for the buildings adjacent to the new Dan Murphy's site in Katoomba, can these reports be made available to the owners of the surrounding buildings at no cost? Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:



* * * * * * * * * *

MINUTE NO. 233


A MOTION was MOVED by Councillors Gibbs and McLaren: That the Council now consider a matter arising in relation to the removal of public sector worker\s rights from an independent umpire under proposed NSW Legislation, having been ruled by the Council as a matter of great urgency. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Greenhill Councillors Creed McCallum Van der Kley Mays Myles Searle Gibbs Clark Luchetti McLaren

* * * * * * * * * *


of 29

MINUTE NO. 234

Procedural - Matter of Urgency

A MOTION was MOVED by Councillors Gibbs and Mays: 1. That the Council condemns the NSW Government's proposed legislation to remove

public sector workers rights to an independent umpire on wages and conditions, leaving public service wages and conditions solely in the hands of the Minister for Finance;

2. That the Council calls on the State Member for the Blue Mountains, Ms Roza Sage

to vote against the legislation on behalf of the public sector workers in the Blue Mountains; and

3. That the Council calls on all Members of the Legislative Council and the Legislative

Assembly to vote against the legislation. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors McCallum Councillors Creed Mays Van der Kley Searle Myles Gibbs Clark Luchetti McLaren

with Councillor Greenhill out of the Chamber.

* * * * * * * * * *

MINUTE NO. 235

Procedural – Move into Confidential Session

A MOTION was MOVED by Councillors Searle and Van der Kley:

1. That the Meeting move into Confidential Session; 2. That pursuant to the provisions of Section 10A(2) (a), (c) and (g) of the Local

Government Act 1993, as the report contains, and discussion is likely to involve: (a) personal matters concerning particular individuals (other than

councillors); 3. That the correspondence and reports relevant to the subject business be withheld

from access to the media and public as required by section 11 (2) of the Local Government Act 1993.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Creed Councillors McCallum Greenhill Gibbs


of 29

Van der Kley Mays Myles Searle Clark Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 236

5. 11/73293. Confidential Business Paper - Realignment of Organisational Structure Finalisation

A MOTION was MOVED by Councillors Van der Kley and McLaren:

1. That the Council approves the organisational structure outlined in the report and authorises the General Manager to implement;

2. That the Council approves the implementation costs outlined in the report; 3. That the implementation becomes effective from the 1 July 2011; and 4. That all staff and the relevant Unions be advised of the decision. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Creed Councillors Mays Greenhill Gibbs McCallum Clark Van der Kley Myles Searle Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 237


A MOTION was MOVED by Councillors Searle and Van der Kley: 1. That the Meeting move into Confidential Session; 2. That pursuant to the provisions of Section 10A(2) (a), (c) and (g) of the Local

Government Act 1993, as the report contains, and discussion is likely to involve: (a) personal matters concerning particular individuals (other than

councillors);


of 29

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

3. That the correspondence and reports relevant to the subject business be withheld

from access to the media and public as required by section 11 (2) of the Local Government Act 1993.


For Against

Councillors Creed Councillors McCallum Greenhill Gibbs Van der Kley Mays Myles Searle Clark Luchetti McLaren

* * * * * * * * * *

MINUTE NO. 238

6. 11/75927. Confidential Business Paper - Legal Matters arising from Land & Environment Court Cases

A MOTION was MOVED by Councillors McLaren and Creed:

1. That the Council note the confidential legal information contained within this report; and

2. That the Council note the General Manager continues to respond to any legal action brought in the Land and Environment on these cases as per Option 4.

Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being:

For Against

Councillors Creed Councillors McCallum Greenhill Van der Kley Mays Gibbs Myles Luchetti Searle Clark McLaren

* * * * * * * * * *


of 29

MINUTE NO. 239

Procedural – Return to Public Meeting

A MOTION was MOVED by Councillors Van der Kley and Creed:

That the Meeting be reopened to the Public. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

MINUTE NO. 240

Procedural – Question that Meeting Close

A MOTION was MOVED by Councillors Van der Kley and Greenhill:

That as there was no further business before the Ordinary Meeting of Tuesday, 7 June 2011, the meeting closed at 12.02:pm. Upon being PUT to the Meeting, the MOTION was CARRIED, the vote being UNANIMOUS:

For Against


* * * * * * * * * *

blue mountains city council minutes of ...2011/06/07 · confirmed minutes ordinary meeting 7 june...

Documents